Oral arguments are slated for Friday, February 2, in the Nevada Supreme Court for a Separation of Powers lawsuit brought by Nevada Policy against State Assemblywomen Brittney Miller and Selena Torres and State Senators Dina Neal and James Ohrenschall.
The legal battle follows Nevada Policy’s unanimous victory in April 2022, where the Supreme Court ruled that citizens can challenge the separation of powers without adhering to traditional standing requirements. The organization subsequently initiated a second lawsuit against lawmakers accused of violating the state constitution by serving concurrently in the state government and as government employees.
The Nevada Constitution states that individuals charged with exercising power belonging to one department should not undertake functions appertaining to another.
“Article 3, Section 1: Three Separate Departments; Separation of Powers; Legislative Review of Administrative Regulations.
1. The powers of the Government of the State of Nevada shall be divided into three separate departments,—the Legislative,—the Executive, and the Judicial; and no persons charged with the exercise of powers properly belonging to one of these departments shall exercise any functions, appertaining to either of the others, except in the cases expressly directed or permitted in this constitution.
2. If the legislature authorizes the adoption of regulations by an executive agency that bind persons outside the agency, the legislature may provide by law for (a) The review of these regulations by a legislative agency before their effective date to determine initially whether each is within the statutory authority for its adoption; (b) The suspension by a legislative agency of any such regulation that appears to exceed that authority, until it is reviewed by a legislative body composed of members of the Senate and Assembly which is authorized to act on behalf of both houses of the legislature; and (c) The nullification of any such regulation by a majority vote of that legislative body, whether or not the regulation was suspended.”
After the April victory, Senators Melanie Scheible and Nicole Cannizzaro, subject to the suit, resigned from their positions as county prosecutors.
Nevada Policy contends that many dual-serving legislators are public school employees, highlighting potential conflicts of interest. The organization argues that such conflicts undermine trust in the legislative process when making decisions affecting their employers or educational reforms.
The lawsuit, initiated in July 2020 and initially dismissed by a Clark County District Court judge, has been appealed to the Nevada Supreme Court, facing repeated delays. Nevada Policy decried these delays as “gamesmanship” while cautioning about potential public injury due to the continuation of alleged unlawful service or the reluctance of qualified individuals to run for office amidst constitutional uncertainty.
Nevada Policy’s Vice President, Robert Fellner, stated that dual service erodes the foundation of Nevada’s representative government, asserting that lawmakers should enact the will of the people rather than the government’s will. Fellner also questioned whether the court would uphold the principle that Nevadans deserve protection from such constitutional infringements.
The Old Blog in the Desert 